John Naumovski, Esq.

Same training in Field Sobriety Tests as Virginia Troopers and Law Enforcement
Intricate knowledge of operation of Breathalyzers used in Virginia

Note, there is no procedure in the Commonwealth of Virginia for approving certifying organizations. Instead FSA certification is from the FSA organization, a private consortium.

Award Winning Recognition from Others

Awards and Recognition are in regard to Attorney Naumovski: AVVO's client choice award for the years 2013 and 2012; 40 under 40 in Virginia, Criminal Defense, for 2014 by American Society of Legal Advocates.

DISCLAIMER: The below listed Actual Virginia DUI and DWI cases are presented for informational purposes only. Every case result depends on a unique variety of factors that are specific to a particular case. An outcome in a previous case does not guarantee future results nor a predictor of what may happen in your case.

Defendant charged with 2nd DWI, 2nd offense, w/5 yrs.; driving on suspended license and FTA. Defendant if convicted of the DUI and all other charges could of been looking at up to 3 years in jail, with 20 days mandatory minimum.

Defendant: Charged with DUI (First), Reckless Driving based on speed, 95 miles in a 55 posted speed limit, Refusal.

Outcome: Defendant found guilty of Reckless Driving (General). The Reckless Driving based on speed and Refusal dropped. No active jail time.

Case:

Defendant charged with DWI (First) and Refusal.

Outcome: DWI charge DISMISSED.

Case:

Defendant charged with DWI (First), BAC .09. Speeding, did well on FSTs.

Outcome: Charge dropped to Reckless Driving

Case:

Defendant was charged with a DUI, BAC .14, driving down the wrong way on street. Defendant had a prior DUI within a 5 year period.

Outcome: Defendant walked away with NO active jail time.

Case:

Defendant charged with DUI (First) with PBT over .25 BAC and Reckless Driving, 102/60. At that speed alone, judges in Hampton give active jail time (rule of thumb is 1 day of jail for every mile at 90 and above). But the combination of the above speed and a DUI can be explosive as to penalties.

Outcome: No active jail time. Reckless Driving was dropped.

Case:

Single vehicle accident, BAC of .19, did poorly on FSTs. Looking at minimum of 5 days mandatory jail time.

Outcome: No active jail time. Mandatory jail time was struck from the case.

Case:

Defendant charged with DWI (First, BAC .12). Allegation was that he went across the line while driving. There were issues with the FSTs that favored the defense.

Outcome: Charge dropped to a wet reckless driving.

Case:

Defendant charged with DUI First Offense, with an elevated BAC of .21, which carries mandatory 10 days in jail. The defendant got into a one-vehicle accident during the daytime and did poorly on the FSTs.

Defendant charged with DWI First offense and Refusal. There were strong indicators of impairment (e.g. vomited, did poorly on FSTs). He had a professional license from the Commonwealth that was at risk in the event of a DWI conviction.

Defendant charged with DWI 2nd offense w/ 5 years in Virginia Beach, which carries mandatory jail time of 20 days.

Outcome: Was able to effectively argue that there was an issue with the prior DWI offense and the court reduced the charge to DWI 2nd offense in 5-10 years, which carried minimum jail time of 10 days. My client got the minimum.

Case:

Defendant charged with DWI (First) with elevated BAC .16 which carries 5 days mandatory jail time. Defendant also got into an accident.

Outcome: Elevated BAC was struck and the Client avoided any active jail time.

Case:

Defendant: Charged with first time DUI offense, BAC .10. Pulled over for failing to maintain lane. Did well on the ABC and count down test. Did not do well on the standardized FSTs, but he informed the officer he had medical issues with his legs.

Outcome: DUI was reduced to a reckless driving.

Case:

Defendant: Charge with DWI (First) with BAC of .15. If convicted of the original charge, client would be facing 5 days mandatory jail time. Client ran a red light and there were substantial indicators of impairment.

Defendant: charged with DUI (First), Refusal. Had prior DUI conviction outside of the prior 10 years.

Outcome: Refusal Dropped. DUI reduced to Reckless Driving.

Case:

Defendant: charged with DUI (First).

Outcome: DUI dropped to Reckless Driving.

Case:

Defendant: charged with DWI (First) w/ minor child in car, Refusal, Delinquency of minor. Defendant was found in the middle of the road passed out, vomit in the vehicle. Did poorly on all FSTs. Having a minor child in a vehicle during a DWI, carries 5 days mandatory jail time.

Outcome: Avoided any active jail time. Minor child language dropped from the DWI charge. Refusal dropped. Delinquency of minor charge dropped if defendant is on good behavior for a certain period of time.

Case:

Defendant: Charged with DUI, first, with BAC of .15+. Was looking at 5 days mandatory minimum jail time if convicted with alleged BAC.

Outcome: Case concluded with client avoid mandatory minimum jail time, because defense was successful in arguing that there was a period of time when the defendant, after getting out of his car, was not in sight of the officer and could of consumed alcohol.

DUI and DWI are the same thing and charged under the same Virginia Code statute, 18.2-266. I use those terms interchangeably.